Companies limited by shares may issue any debt securities under the terms of this Book and any other debt securities under the terms of the Articles of Association or, where applicable, the issue agreement.
Companies limited by shares belonging to the public sector, cooperative companies constituted in the form of a public limited company or a limited liability company, public limited companies for low-cost housing mentioned in the article L. 422-2 du code de la construction et de l’habitation et les sociétés de coordination au sens de l’article L. 423-1-1 of the same code may issue non-voting securities. These securities are redeemable only in…
The issue and redemption of redeemable equity securities must be authorised under the conditions set out in the fifth paragraph of article L. 225-100 and articles L. 228-40 to L. 228-44. Holders of redeemable equity securities from the same issue are grouped ipso jure for the defence of their common interests into a “masse” which enjoys civil personality. They are subject to the provisions of articles L. 228-47 to L….
As stated in article L. 213-5 of the Monetary and Financial Code : ” Art. L213-5-Les obligations sont des titres négociables qui, dans une même émission, confèrent les mêmes droits de créance pour une même valeur nominale. “
On pain of nullity of the contracts entered into or the bonds issued, the issue of bonds by a joint stock company that has not drawn up two balance sheets duly approved by the shareholders must be preceded by a verification of the assets and liabilities. This verification shall be carried out by one or more commissaires (auditors) appointed by the body of the company empowered to decide on or…
The Board of Directors, the Management Board or the manager(s) are entitled to decide on or authorise the issue of bonds, unless the Articles of Association reserve this power to the General Meeting or the General Meeting decides to exercise it. The Board of Directors or the Management Board may delegate, to any person of its choice, the powers necessary to carry out, within a period of one year, the…
The company may not create any pledge on its own obligations.
Where the issuing company has continued to pay the proceeds of bonds redeemable as a result of a draw, it may not repeat such sums when such bonds are presented for redemption. Any clause to the contrary shall be deemed unwritten.
Bondholders of the same issue are grouped by operation of law, for the defence of their common interests, into a masse which enjoys civil personality. However, in the case of successive bond issues, the company may, where a clause in each issue contract so provides, group bondholders with identical rights into a single masse.
Decisions by the bondholders as a body are taken at a general meeting. However, these decisions may also be taken following a written consultation, including by electronic means, if the contract of issue so provides and in accordance with the timeframe and form defined therein.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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